2.3.1 Technical or Legal Board of Appeal
The responsibilities and composition of boards are laid down in Art. 21 EPC. In G 2/90 (OJ 1992, 10) the Enlarged Board made it clear that under Art. 21(3)(c) EPC 1973, the Legal Board was competent only for appeals against decisions taken by an examining division consisting of fewer than four members and which did not concern refusal of the application or grant. In all other cases, i.e. those covered by Art. 21(3)(a) EPC 1973, Art. 21(3)(b) EPC 1973 and Art. 21(4) EPC 1973, the technical boards were competent. The provisions of Art. 21(3) and (4) EPC 1973 governing responsibilities and composition were not affected by R. 9(3) EPC 1973 (R. 11(3) EPC).